(3) Motions to Continue. (1) The court shall instruct the panel of prospective jurors prior to jury selection as to: (A) The nature and purpose of the selection process. The status of this rule is uncertain in light of the new standards relative to confrontation clause rights as articulated by the United States Supreme Court in Crawford v. Washington, 541 U.S. 36 (2004), and its progeny. Frank Owusu, 39, of Pine Street in Manchester on first-degree assault, second-degree. She intentionally failed to that John Patten, the father of her son, was a household member. RSA 606:10 governs States appeals. (1) The court will not hear any motion grounded upon facts, unless they are verified by affidavit, or are apparent from the record or from the papers on file in the case, or are agreed to and stated in writing signed by the parties or their attorneys; and the same rule will be applied as to all facts relied on in opposing any motion. (c) If a motion for reconsideration or other post-decision relief is granted, the court may revise its order or take other appropriate action without rehearing or may schedule a further hearing. (i) not less than 60 days prior to jury selection, a party seeking to offer evidence of other crimes, wrongs, or acts pursuant to Rule of Evidence 404(b), must provide the other party written notice of its intent to offer such evidence. Alex Zamansky, 28, of Victor Street, Haverhill, Mass., four counts of aggravated felonious sexual assault, attempted aggravated felonious sexual assault and second-degree assault. (H) Statistical information concerning the sentences imposed for the same crime committed by other individuals in the State of New Hampshire. MANCHESTER, NH Sexual and physical assaults, gun threats, felony riot and thefts were among the 390 indictments issued this month by a grand jury sitting in Hillsborough County Superior Court Northern District. independent daily newspaper serving six counties in Northeastern Vermont and Northern New Hampshire . (3) A party filing a confidential document must also file a separate motion to seal pursuant to subdivision (d) of this rule. The grand jury shall consist of no fewer than twelve nor more than twenty-three members. Whitaker, 48, of Claremont was arrested on May 22 for three counts of theft by unauthorized taking. Sullivan Superior Court The DOC will be conducting at home video visits only until further notice. Courts & Cops | conwaydailysun.com This determination must be made within forty-eight hours of the defendant's arrest Saturday, Sunday and holidays excepted. (8) In any case where the court is considering the issuance of an order of commitment for willful nonpayment of an assessment, it may also consider whether an order of periodic payments is appropriate under the circumstances as well as the appropriateness of the options set forth in paragraph (3) above. (b) Joinder of Defendants. These rules govern all proceedings filed or pending in the circuit court-district division and superior courts in Hillsborough County on or after September 1, 2017. Only one attorney for each party is permitted to examine or cross-examine each witness. Sullivan County Grand Jurors indicted Danielle Pollari, 41, of Newport, with knowingly having in her possession a set of metallic knuckles on Sept. 21. On Aug. 29, 2021, he is accused of placing S.P. in danger of serious bodily injury when he discharged a firearm in the direction of S.P.. No pleading, motion, objection, or the like, which is contained in a letter, will be accepted by the clerk, or acted on by the court. Winds ENE at 10 to 15 mph. (b) Jury Cases. If the grand jury returns an indictment, the defendant shall be notified by mail unless the court issues a capias for the defendants arrest. The court clerk shall make such report available to the public. In Carroll, Coos and Grafton Counties, pursuant to RSA 592-B:2, III all felony and any directly related misdemeanor or violation-level offenses alleged to have occurred on or after April 1, 2017 shall be initiated in superior court. the generation, After following School Board politics for a decade, I can't help but keep thinking about the Vietnam War. No attorney or self-represented party will be heard until an appearance is so entered. On Jan. 16, 2022 in Goffstown, King is accused of confining R.P., by punching her and pointing a gun at her head and pulling the trigger, exposing her to the risk of serious bodily injury. The order shall include the duration that the confidential document or document containing confidential information shall remain under seal. Counsel should ordinarily be trial counsel below. Upon the filing of a misdemeanor appeal in superior court, a hearing notice consistent with these rules shall be issued. Oral notice of the conduct observed must be given by the judge. (7) Continuing Duty to Disclose. If an attorney of record seeks a special assignment to a judge, a motion for special assignment shall be filed. Links are grouped by those that cover courts statewide, for multiple counties, and then by individual county. Privacy Policy Careers Contact Us NH Legislative Branch NH Executive Branch NH.gov (2) Scheduling. Low near 25F. See State v. Dukette, 145 N.H. 226 (2000). Be Nice. (A) General Notice Obligations. At its option in such a case, the defense may open immediately thereafter or after the prosecution has concluded its case-in-chief and before presenting defense evidence. (9) Sanctions for Failure to Comply. The notice of alibi shall be signed by the defendant and shall state the specific place where the defendant claims to have been at the time of the alleged offense, and the names and addresses of the witnesses upon whom the defendant intends to rely to establish such alibi. The charge is a Class B felony offense. (c) In any case where the defendant is charged with a class A misdemeanor or felony and appears at arraignment without counsel, the court shall inform the defendant, in writing or on the record, of the offense with which he is charged and the possible penalties, of his or her privilege against self-incrimination, his or her right to be represented by counsel throughout the case, and that if he or she is unable to afford counsel, counsel will be appointed, if requested, subject to the state's right to reimbursement for expenses related thereto. 3, criminal threatening. If at any time during the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may take such action as it deems just under the circumstances, including but not limited to: (A) ordering the party to provide the discovery not previously provided; (B) granting a continuance of the trial or hearing; (C) prohibiting the party from introducing the evidence not disclosed; (D) assessing the costs and attorneys fees against the party or counsel who has violated the terms of this rule. Evidence of a conviction under this rule will not be admissible unless there is introduced a certified record of the judgment of conviction indicating that the party or witness was represented by counsel at the time of the conviction unless counsel was waived. Randolph Scott Clark, 39, was indicted in 2022 on three counts of human trafficking for sexual servitude, human trafficking of a minor for sexual servitude, pimping, three counts of . A probable cause hearing may be adjourned for reasonable cause. (h) It is the responsibility of representatives of media organizations desiring to photograph, record, or broadcast a court proceeding to contact the clerk of court in advance of a proceeding to ascertain if pool coverage will be required. (b) Superior Court. (4) Evidence. See Hazelton Company v. Southwick Construction Company, 105 N.H. 25 (1963). A subpoena shall comply with the form required by statute and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The defendants assets shall include all real and personal property owned in any manner by the defendant, unless exempt from execution, levy, attachment, garnishment, or other legal process under any state or federal law. One witness tampering charge accuses Bemis of attempting to have a witness withhold information after she confronted him about sexually assaulting her daughter. In cases in which the defense of insanity has been raised and the case has been bifurcated for trial, the defense shall have the right to argue last on the issue of insanity. The court shall require the prosecution to make an offer of proof. Where a post-sentencing motion is filed within thirty days after imposition of sentence, the appearance of counsel for the defendant shall be deemed to be withdrawn thirty days after the court rules on said motion. The State may have further notice obligations under Rule 14(b)(2)(C) regarding alibi witnesses. If a party knowingly publicly files documents that contain or disclose confidential information in violation of these rules, the court may, upon its own motion or that of any other party or affected person, impose sanctions against the filing party. (2) A motion to seal a confidential document or a document containing confidential information shall state the authority for the confidentiality, i.e., the statute, case law, administrative order or court rule providing for confidentiality, or the privacy interest or circumstance that requires confidentiality. Whenever the court approves the withdrawal of appointed defense counsel, the court shall appoint substitute counsel forthwith and notify the defendant of said appointment. (3) In all cases where the defendant may enter a plea by mail and a summons has been issued to the defendant and in which the defendant has entered a plea of not guilty with the Division of Motor Vehicles, if the Division of Motor Vehicles has not received the complaint directly from the police agency and has forwarded the defendants not guilty plea to the designated court, the complaint must be filed with the court not later than fifteen days from the date of the courts written notice to the law enforcement agency directing that the complaint be filed. A party is not required by law or rule to give notice of its intent to summon a witness regardless of whether the witness is located in the state. The prosecutor shall be responsible for informing the victim or next of kin of the right to so address the court. The Coos County Attorney's office also charged Gingras-Jodrie with the Class A misdemeanor count of vehicular assault. Upon a verdict or finding of guilt, the court shall enter an order fixing the punishment. State v. Peters, 133 N.H. 791 (1986). Any person who is arrested on a warrant issued pursuant to an indictment or complaint and who is not released on bail set by a bail commissioner shall be taken before the superior court without unnecessary delay. Pollari was also indicted for being a principal/accomplice in the crime of forgery, having, in concert with another, written herself a check in the amount of $500 dated Jan. 28, 2019, and presented said check to the teller at Claremont Savings Bank. Later, Texas incorporated the idea of having a grand jury into its own constitution. One would assume New Hampshire lawmakers to be a common sense group. (24) Unless, after hearing, at least two members of the Sentence Review Division concur in increasing, decreasing, or otherwise modifying a sentence, the sentence imposed by the sentencing judge shall stand. The same penalties as above once again apply. Any answer or objection to a motion must be filed within ten days of filing of the motion. Find Court Records by New Hampshire County: 2008 2023 PeopleConnect, Inc. All Rights Reserved. Dylan AJ Beaton, 31, of Sherwood Drive, Litchfield, 12 counts of nonconsensual dissemination of private images. On Jan. 16, 2022, Fox is accused of stabbing D.S. in the arm in an attempt to kill him. Barrington NH: Timothy Gagne guilty of sex assault, child pornography If you sign up for a visit during an unauthorized time any funds you have paid will not be refunded. If you were summoned for January 3, 2023 your additional reporting dates are here. Welcome! (1) In any case in which a road or way is alleged to be a way, as defined in RSA 259:125, or a public highway, a party shall notify the opposing party or counsel at least ten days prior to trial if said way or public highway must be formally proved; otherwise, the need to formally prove said way or public highway will be deemed to be waived. CCC males and females- 5:00pm to 9:40pm Monday through Friday, 07:30am to 9:40pm Saturday and Sunday. Many, if not most should be considered armed and dangerous. The court shall inform appointed counsel immediately of the appointment (1) by telephone, facsimile or electronically if the defendant is detained or (2) by telephone, electronically or by first-class mail if the defendant is not detained. (d) Subpoena for Out-of-State Witnesses. (e) No court or justice shall establish notice rules, requirements or procedures that are different than those established by this rule. (h) Subdivision of Suspended Sentences. She failed to surrender for service of a sentence at the house of corrections beginning on May 9 as directed by the sentencing order. These provisions are intended to ensure that confidential documents and information contained within documents are accessible, upon filing, only to the court and its staff, to the parties and their attorneys or the parties authorized representatives, and to others authorized to perform service of process. Please log in, or sign up for a new account to continue reading. Where can I obtain a certified copy of a birth, death, marriage, or divorce certificate. As Rule 26 reflects, if counsel has left the courthouse with the courts permission, counsel has not waived the right to be present when an instruction is to be given in response to a jurys question. A slate of Coos County residents face felony drug charges after grand jury indictments were . High around 35F. In exceptional circumstances, when the court finds that the application of these rules to cases pending as of the effective date would not be feasible or would work an injustice, the court may exempt such cases from the application of these rules or from a particular rule. On Feb. 19, 2022, Mateo is accused of striking K.R. in the head with a handgun, causing a laceration. In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court made clear counsels obligation to ensure that a defendant understands the deportation implications, if any, of a conviction. The fine for intent to sell LSD and oxycodone is $50,000. This determination may be made at the circuit court-district division arraignment, but in any event, must be made within forty-eight hours of the defendant's arrest, Saturdays, Sundays and holidays excluded. Trial by the Court or Jury; Right to Appeal, Rule 23. The consent of the State is not necessary for the defendant to waive the right to trial by jury. N.H. R. of Prof.